Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations

Volume 3 of 3 | January 2019

Center for Acquisition Innovation Volume 3

Recommendation 93: Create a Center for Acquisition Innovation located at the 

National Defense University, Eisenhower School.

Problem

The Section 809 Panel will complete its work and cease to exist pursuant to its Congressional 

authorization on July 15, 2019. The need to identify challenges associated with the DoD acquisition 

system will continue to exist, as will the need to propose policy alternatives for addressing those 

challenges. To facilitate future efforts to address challenges associated with defense acquisition, the 

Section 809 Panel’s records must be maintained and a center for policy research established.

Background

The House Armed Services Committee provided guidance in the report accompanying HR 5155, the 

FY 2019 NDAA, which indicated that the records of the panel should be moved to the Eisenhower 

School (ES) of the National Defense University (NDU) and that DoD should continue to do research 

and make policy proposals to Congress on improving DoD’s acquisition system. Specifically the

language in the report directs DoD that “research and analysis” shall continue, and the “panel’s records 

shall be maintained by the Eisenhower School at the National Defense University.”1

Discussion

Congress’s intent to avoid the need to commission an acquisition reform panel each decade is clear. To 

establish a driving force for continuous improvement within DoD, the function should be situated in an 

educational environment where operational, acquisition, and industry personnel, as well as faculty 

with diverse backgrounds, have sufficient time to research issues, and discuss those issues candidly 

and without attribution. This academic approach should be conducted with a view to proposing peer 

reviewed solutions for consideration by both the Secretary of Defense and Congress for potential 

action.

The following elements are important to accomplishing Congress’s intent:

§ Act as an academic entity, specializing in strategic acquisition initiatives and innovative 

processes pursuant to the duties outlined in Table 13-1, Duties of the Panel and Future Center.

§ Report on and analyze advanced acquisition strategies to continually refine operational support 

in DoD.

§ Prioritize continuous improvement by promoting high standards and sound judgement in the 

proposal of acquisition policy alternatives, with a specific focus on streamlining acquisition 

statutes, regulations, policies, and procedures.

The Section 809 Panel discussed alternative strategies to accomplish the congressional intent with both 

NDU and Defense Acquisition University (DAU), the two DoD facilities potentially capable of fulfilling 

such a mission. After deliberation, the panel determined that Congress should establish an 

academically independent center designated as The Center for Acquisition Innovation (CAI) within the 

 

1 House Report 115-676, Report of the Committee on Armed Services to Accompany H.R. 5515 of the 115th Congress, May 15, 2018, 145.
Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations

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Center for Acquisition Innovation Volume 3

NDU ES facility to meet the acquisition policy innovation mission articulated in this section. The

ES students and faculty are in a unique position, colocated in DoD’s only joint professional military 

education (JPME) phase II senior-level college with a concentrated curriculum for senior acquisition 

professionals. The ES “prepares military officers and civilians for senior leadership and staff positions 

throughout the acquisition community.”2 Additionally, the existing curriculum at ES could be 

leveraged to provide an opportunity for its students and faculty to participate in the center’s mission, 

and subsequent annual deliverable. 

A distinctive complement exists between the mission of the ES and the statutory charter of the 

Section 809 Panel as it is today (see Table 13-1). “The panel is charged with making recommendations 

that will shape DoD’s acquisition system into one that is bold, simple, and effective.”3 The ES mission 

has a similar future oriented vision, where it integrates academic research and forward-thinking 

deliverables to meet 21st century demands with a continued practice in commercial sector partnership. 

Under the guidance of the Chairman, Joint Chiefs of Staff (CJCS), the Eisenhower School Commandant 

and faculty prepare senior military officers, government civilians, and selected representatives from the 

private sector and international officers for the national security challenges of the 21st century. The goal 

is to leverage technological advances, integrate new strategic and operational concepts, identify and adapt 

to evolving global developments, and channel the vitality and innovation of the Services, the interagency, 

and allies to achieve a more seamless, coherent effect when confronting new national security challenges 

and the battlefields of the future.4

Table 13-1 elucidates Section 809 Panel duties established in the pertinent NDAAs, as well as additional 

duties that the panel recommends CAI assume:

Table 13-1. Duties of the Panel and Future Center

Origin of Duties Duties

Section 809, FY 2016 NDAA (Pub. L. No. 114-92), 

as amended by section 863(d) of FY 2017 NDAA 

(Pub. L. No. 114-328) and sections 803(c) and 883 

of FY 2018 NDAA (Pub. L. No. 115-91)

Review the acquisition regulations applicable to the DoD with an 

objective to streamline and improve efficiency and effectiveness of 

the defense acquisition process and maintain a defense technology 

advantage.

Section 809, FY 2016 NDAA (Pub. L. No. 114-92), 

as amended by section 863(d) of FY 2017 NDAA 

(Pub. L. No. 114-328) and sections 803(c) and 883 

of FY 2018 NDAA (Pub. L. No. 115-91)

Make any recommendations for the amendment or repeal of such 

regulations that the center considers necessary, as a result of such 

review, to—

1) establish and administer appropriate buyer seller relationships in 

the procurement system improve the functioning of the 

acquisition system;

2) ensure the continuing financial and ethical integrity of defense 

procurement programs;

 

2 “The Eisenhower School for National Security and Resource Strategy,” National Defense University, accessed November 14, 2018, 

https://es.ndu.edu/Programs/Senior-Acquisition/. 3 “About Us,” Section 809 Panel, accessed November 14, 2018, https://section809panel.org/about/. 4 “About The Eisenhower School for National Security and Resource Strategy,” National Defense University, accessed November 14, 2018, 

https://es.ndu.edu/About/Mission/. 
Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations

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Origin of Duties Duties

3) protect the best interests of the Department of Defense;

4) improve the efficiency of the contract auditing process, including 

through the development of risk-based materiality standards; 

and

5) eliminate any regulations that are unnecessary.

Report of the Committee on Armed Services, 

House of Representatives for FY19, in House 

Report 5515

DoD’s acquisition reform efforts will not cease upon the termination 

of the Advisory Panel on Streamlining and Codifying Acquisition 

Regulations.

Report of the Committee on Armed Services, 

House of Representatives for FY19, in House 

Report 5515

DoD’s implementation of recent legislative reforms as well as the 

Advisory Panel’s recommendations on regulations will require 

continued research and analysis.

Report of the Committee on Armed Services, 

House of Representatives for FY19, in House 

Report 5515

Upon termination of the Advisory Panel, the Advisory Panel’s records 

shall be maintained by the Eisenhower School at the National 

Defense University by no later than August 1, 2019.

Section 809 Panel, Volume 3, Section 13

Recommendation 93

Produce an annual report, in July, using similar methodologies of the 

current panel’s Volume 3 (i.e., substantiated research and analysis, 

conclusion, legislative and executive branch recommendations where 

appropriate, and specific implementation language for statutory 

changes) delivered to the Secretary of Defense, House Armed 

Services Committee (HASC), and Senate Armed Service Committee 

(SASC).

Section 809 Panel, Volume 3, Section 13 

Recommendation 93

Act as an academic entity, specializing in strategic acquisition 

initiatives and innovative processes. 

Section 809 Panel, Volume 3, Section 13

Recommendation 93

Use CAI resources to review and track implementation of past 

recommendations issued under Section 809 and future Center policy 

alternatives. 

Considerations for Successful Implementation

Impartiality and Funding

It is imperative that CAI be academically independent, while having the ability to leverage the 

acquisition faculty and students at the ES and also at DAU. To ensure such independence, annual 

policy alternatives delivered by CAI should not be subject to any DoD review or approval before 

submission to the Secretary of Defense and the HASC and the SASC. Additionally, each fiscal year 

Congress should authorize and appropriate at least $1.5 million, adjusted annually for inflation, 

specifically for standing up and then operating CAI. CAI should be exempt from any constraints on 

full-time equivalents (FTEs) for the ES, subject to annual Congressional authorization and 

appropriation funding limits. 

Strategic Partnerships

It is important for the acquisition cadre to have strategic sponsors throughout DoD, specifically with 

the Under Secretary of Defense (USD) Acquisition and Sustainment, and USD Research and 
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Center for Acquisition Innovation Volume 3

Engineering. Strategic sponsors are also needed to include the congressional defense committees; DAU; 

Director, Acquisition Career Manager offices; the Acquisition Functional Communities; service 

acquisition executives; component acquisition executives; USD(Comptroller); Joint Chiefs of Staff; and 

industry. The strategic sponsors should nominate topics for research and analysis and provide access 

and guidance to develop policy alternatives that support CAI’s mission.

There is an obvious connection to the existing ES curriculum’s research and analysis capabilities and 

requirements that should be leveraged to promote faculty and student participation. In particular, the 

students in the Senior Acquisition Course are encouraged to conduct research on CAI-sponsored topics 

as part of their academic requirements.

CAI should collaborate with sponsors to develop policy alternatives for the annual deliverable to solve 

current DoD problems and continuously improve statutes, regulations, policies, and procedures. CAI

should seek stakeholder engagement (e.g., industry, Military Services, Defense Agencies,) in order to 

nominate and review the scope of policy alternatives and the implementation of such solutions 

provided. Partnerships should be sought to leverage rotational assignments for senior acquisition 

leaders to participate in CAI’s annual deliverable. 

Messaging and outreach, such as those established during the Section 809 Panels commission 

(e.g., podcasts, speaking engagements, open public sessions, a website, newsletters) should be used to 

establish continued engagement and feedback with stakeholders. CAI also provides an opportunity to 

further increase the existing collaboration between the ES and DAU.

Implementation Review

CAI would have a unique opportunity to leverage the 300-plus students and faculty at ES, and the 

acquisition community, to track the adoption of the Section 809 Panel recommendations and CAI

future policy alternatives. This process would ideally mirror the congressional legislative process, and 

allow for adjudication of real-time challenges each recommendation or policy alternative faced when 

submitted to Congress. This recommendation will allow timely public reaction to pressing acquisition 

issues that cannot be duplicated in a simulated exercise historically delivered in the ES curriculum. 

Using the resources allocated to CAI, a CAI chair would partner with the ES to accomplish this 

validation task annually. The volume of recommendations and policy alternatives to track would be 

managed by the Chair, taking into consideration how to best use the ES students and faculty. 

Incentives

CAI would be required to develop incentives to encourage faculty, students, industry partners, and 

DoD employees outside of NDU to participate in, or collaborate with CAI, in all its efforts to produce 

the most qualified constituents to analyze, shape, and develop necessary and enduring changes to the 

acquisition system. This collaboration would not be limited to NDU’s preexisting relationships with 

DoD and commercial publications that feature academic articles. The ES should offer the participants 

the opportunity to directly engage with DoD senior officials and Congressional staff to develop and 

implement their proposed policy alternatives. Additionally, the panel recommends CAI use 

commercial incentives such as cash awards, time off awards, and public recognition, to promote 

participation with the center for purposes of its annual deliverable. 
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Center for Acquisition Innovation Volume 3

Records Archiving at the National Defense University Library

The panel’s records are entirely digital, maintained on a public website, but the infrastructure and 

nomenclature may be inconsistent with current information technology standards or other public 

records requirements. The inconsistencies require resolution as the panel transitions its records 

management to NDU. The panel’s records include the current website, which may either be supported 

by or transitioned to NDU. NDU needs to determine the scope of this effort and support it out of the 

annual appropriation for CAI. It is critical the future records owner protect the confidentiality of the 

digital records for the panel’s interviews, as stakeholders agreed to the interviews with an expectation 

of nonattribution. The four existing panel reports (Interim, Volume 1, Volume 2, and Volume 3) would 

need to be housed on a public website (i.e., not in the .edu domain).

Conclusions

The functions expressed by the House of Representatives in a report accompanying the FY 2019 NDAA 

(i.e., “continued acquisition research and records maintenance”) are best accomplished by creating a 

new center at NDU for acquisition innovation. CAI’s mission would provide an opportunity for 

student and faculty research to propose policy alternatives to the Secretary of Defense and Congress 

annually on important issues to continuously improve the defense acquisition system.

Implementation

Legislative Branch

§ Establish in the FY 2020 NDAA the Center for Acquisition for Innovation to be located at the 

National Defense University, Eisenhower School. 

- Leverage the Eisenhower School’s student body and faculty where practicable. 

- Authorize and appropriate yearly funds sufficient to operate the center in an amount not 

less than $1.5 million adjusted annually for inflation. 

- Include the following among the CAI duties:

o Operate as an academic entity specializing in acquisition research.

o Produce an annual report in July that contains, at a minimum: (a) substantiated research 

and analysis, (b) a conclusion summarizing the research, (c) legislative and executive 

branch policy alternatives as appropriate, and (d) specific implementation language for 

statutory changes delivered to the Secretary of Defense, HASC, and SASC.

o Track implementation of recommendations issued by the Section 809 Panel and policy 

alternatives proposed in the future CAI’s work.

o Review the acquisition statutes and regulations applicable to DoD with the objectives of 

streamlining and improving efficiency and effectiveness of the defense acquisition 

process and maintaining a defense technology advantage.
Report of the Advisory Panel on Streamlining and Codifying Acquisition Regulations

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Center for Acquisition Innovation Volume 3

o Prioritize research and analysis with the objective of amending or repealing such 

statutes or regulations that the center considers necessary to fulfill its mission.

§ Require the ES at NDU to maintain the Section 809 Panel’s records and reports at the time of the 

panel’s termination.

Executive Branch

§ Identify and assign CAI sponsors to support the mission in statute. 

Implications for Other Agencies

§ There are no cross-agency implications for this recommendation.